TITUSVILLE, Fla. - On Thursday afternoon, a judge ruled charges will not be dismissed against a mother accused of strangling her infant daughter with holiday lights and then blaming it on her 2-year-old son.

Defense attorneys were trying to get the case thrown out Thursday, partly based on an expert opinion stating the child's death could have been accidental.

"This was a tragic accident," Dowdy said. "We've always maintained that, and we've never wavered from that position."

The motion was prompted in part by a report from a state expert who also said the death could have been accidental. The response from the state argues the doctor's report was hypothetical as to whether a child was capable of that kind of force.

Prosecutors maintain Depasquale is to blame and evidence will dispute her version of what happened, including original statements that she left her children alone for five minutes to take a shower when the accident happened. She now says she was sleeping.

"She admitted that she did not tell the truth about being in the shower," Dowdy said. "We're not going to contest that."

A hearing is scheduled for next week at the Titusville courthouse, where prosecutors will decide how they will move forward with the case.